Legal Definitions - pignoris capio

PIGNORIS CAPIO

Pignoris capio is a Latin term that means "taking a pledge." In Roman law, it refers to a process where a creditor takes possession of a debtor's property as collateral for a debt.

For example, if a person borrowed money from a lender and failed to repay the debt, the lender could use pignoris capio to take possession of the borrower's property, such as their land or livestock, until the debt was repaid.

Another example would be if a person pawned an item, such as a piece of jewelry, to a pawnbroker in exchange for a loan. The pawnbroker would hold onto the item as collateral until the borrower repaid the loan.

Pignoris capio was a legal process used in ancient Rome to ensure that creditors were able to recover their debts. By taking possession of a debtor's property, the creditor had a form of collateral that they could sell or keep if the debt was not repaid. The examples illustrate how pignoris capio was used in practice, both in cases of unpaid debts and in pawn transactions.